LAKSHMIKUTTYAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) Having considered the submissions of Sri. B. Renjith Kumar, the learned counsel for the appellants and those of Sri. Mathew George Vadakkal, the learned Standing Counsel for the Requisitioning Authority who was supported in his submissions by Sri. Syamkumar, the learned Senior Government Pleader, we feel that the issue is covered in favour of the appellants by judgment of this Court in L.A.A.414/04. L.A.A.414/04 significantly is the appellate judgment pertaining to the judgment referred to as Ext.A2 in the impugned award. According to us, Ext.A2 having attained finality at the hands of this Court, the same is to be followed particularly as we notice that for the property covered by Ext. A2 (L.A.A.414/04) as well as the properties under acquisition in the present case the Land Acquisition Officer had awarded the same rate to the respective claimants.

(2.) The appeal is allowed re-fixing the market value of the properties under acquisition at Rs. 50,000/- per Are. The appellants will be entitled for all statutory benefits also. However, while interest under Section 28 is provided for in the decree, the Section will have due regard to the conditions imposed by this Court in the order in C.M. Application No. 201/10. Parties will suffer their respective costs. The decree copy will be issued to the appellants only after ensuring that the full court fee payable on the appeal memorandum is remitted.